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MYERS v. MERRILL LYNCH & CO., INC.

No. 99-17113.

249 F.3d 1087 (2001)

Joan Plastiras MYERS, Plaintiff-Appellant, v. MERRILL LYNCH & CO., INC.; Paine-webber Group, Inc.; Morgan Stanley; Dean Witter; Travelers Group, Inc.; Legg Mason Inc.; Bear, Stearns & Co., Inc., Defendants-Appellees, H.J. Meyers & Co., Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2001.

Attorney(s) appearing for the Case

Joseph J. Tabacco, Jr., Berman, Devalerio, Pease & Tabacco, San Francisco, California, for the plaintiff-appellant.

Jonathan C. Dickey, Gibson, Dunn & Crutcher, Palo Alto, California, for the defendants-appellees.

William F. Alderman (briefed), Orrick, Herrington & Sutcliffe LLP, San Francisco, CA, for defendant-appellee Travelers Group, Inc.

Ben Suter, Keesal, Young & Logan, San Francisco, CA, for defendant-appellee Bear Stearns & Co.

Before: SCHROEDER, Chief Judge, D.W. NELSON, and RAWLINSON, Circuit Judges.

SCHROEDER, Chief Judge:

This is a securities action brought under §§ 17200 and 17500 of the California Business and Professions Code. The action was originally filed in state court by the named plaintiff, Joan Myers. The defendants, various investment banking firms, removed on both diversity and federal question grounds, in order to assert their preemption defenses in federal court.

The district court, in a published opinion, granted the defendants...

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